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IN THE HIGH COURT OF KERALA AT ERNAKULAM
GOPINATH P.
Devasia Devasia, S/o. Devasia – Appellant
Versus
Sibi Kuzhikattu, S/o. Mathew – Respondent
JUDGMENT :
GOPINATH P., J.
The petitioner has approached this Court challenging Ext.P1 order of the Kerala State Election Commission in O.P.No.76 of 2018.
2. The petitioner was an elected member from Ward No.XI of Karimannoor Grama Panchayat in the election to the local self-government institutions in November 2015. The Panchayat committee consists of 14 members. In the elections held in November 2015, eight members, including the petitioner, were elected representing the United Democratic Front (UDF), and six members were elected representing the Left Democratic Front (LDF). In the month of June, 2018, an election was held to elect the President of the Grama Panchayat. The petitioner was elected as the President of the Grama Panchayath as a candidate of the Left Democratic Front (LDF). He had also exercised his franchise in his own favour, as a result of which, the candidates of the UDF and the LDF got seven votes each. Since the votes obtained by candidates of both fronts were seven each, the President was thereafter declared elected by draw of lots and the petitioner came to be the elected President of the Panchayat.
3. The 1st respondent approached the Kerala State Election Commis
A member of local authority is disqualified upon violating party whip, regardless of subsequent elections. Disqualification decision operates from the date of declaration by the Election Commission.
When a member stood for the election to contest against a candidate of his own coalition, it can be deemed that the member has voluntarily given up his membership of the political party.
Compliance with statutory procedural requirements is essential to uphold the validity of directives impacting party membership and election outcomes.
The court held that the period of involuntary absence due to judicial custody should be excluded from the computation of the three-month period under Section 35(1)(k) of the Kerala Panchayat Raj Act,....
Service of a political party whip is deemed effective under the General Clauses Act when properly addressed and posted, presuming the recipient's awareness of its contents.
The validity of service of a party whip is crucial for disqualification under the Kerala Local Authorities (Prohibition of Defection) Act; improper consideration of such service undermines due proces....
Election - Disqualification on ground of defection - Petitioner has violated the whip and invited the impugned order. Violation alleged in terms of Section 4 with regard to 24 hours as held by this C....
A proven party direction is essential for disqualification under the Karnataka Local Authorities (Prohibition of Defection) Act, 1987, and the nomination of a party candidate does not automatically c....
The court emphasized the importance of adhering to party whips and the consequences of voluntary abandonment of party membership under the Kerala Local Authorities (Prohibition of Defection) Act, 199....
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